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See detailArticle 47 of the Charter in the Opinion procedure
Neframi, Eleftheria UL

in European Papers (in press)

This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an ... [more ▼]

This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an independent tribunal have only an internal EU law dimension. In Opinion 1/17, The Court of Justice could assess the CETA’s compatibility with the right of access to an independent tribunal without having recourse to Article 47 of the Charter, on the ground either of the principle of autonomy or of the compatibility with the substantive provisions of the common commercial policy. This paper argues that while judicial protection as part of the autonomy claim could meet some conceptual limits, promoting judicial protection as part of the common commercial policy could reinforce the perception that the Union is a credible and influential actor in international trade and in international procedural law. [less ▲]

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See detailLe droit au regroupement familial des réfugiés mineurs non accompagnés devenus majeurs: l’affaire A et S, entre progrès incontestable et portée relative
Silga, Janine UL

in European Papers (2018)

In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the ... [more ▼]

In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the relevant date for assessing the minority of an unaccompanied minor who reaches the age of majority in the course of their application for international protection. In this case, a young refugee had introduced an application for international protection while she was still minor of age but subsequently attained the age of majority during the procedure. In accordance with Art. 10, para. 3, let. a), of directive 2003/86 on the right to family reunification, she then applied for temporary residence permits for her relatives in the direct ascending line for the purposes of family reunification. Although she was granted asylum and thus fell within the scope of chapter V of directive 2003/86 laying down more favourable conditions for the family reunification of refugees, the directive was silent on whether she could have benefited from such conditions retroactively. Following its AG in this case, the Court avoided a formalistic interpretation and rather opted for a teleological approach of the more protective provisions of directive 2003/86. By doing so, it allowed their retroactive application to the young refugee and her parents. Through its interpretation, the Court restated its firm intention to protect the best interests of children – including third-country nationals – in the context of family reunification. Although it shows a definitely protective approach, the concrete impact of this decision appears to be somewhat limited in scope. [less ▲]

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See detailArt. 50 TEU: A Well-Designed Secession Clause
Gatti, Mauro UL

in European Papers (2017), 2(1), 159-181

Art. 50 TEU has been criticised because it allegedly grants EU Member States an unfettered right to unilateral secession, which questions the EU’s quasi-federal character and fosters its disintegration ... [more ▼]

Art. 50 TEU has been criticised because it allegedly grants EU Member States an unfettered right to unilateral secession, which questions the EU’s quasi-federal character and fosters its disintegration. This On the Agenda demonstrates that this widespread pessimism is unjustified, since it is based on an exceedingly formalistic reading of the law. Secession (from States) and withdrawal (from international organisations) is always possible de facto: the relevant question is whether constitutional provisions ensure an orderly secession and discourage casual recourse thereto. Art. 50 TEU arguably constitutes a “well-designed secession clause”, since it ensures the EU’s unity in withdrawal negotiations, limits the discretion of the departing State regarding the activation and termination of the withdrawal procedure, and induces it to reach a compromise with the Union. Art. 50 thus ensures a fair balance between the concern for the EU’s integrity and the democratic and federal principles that inspire it. [less ▲]

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See detailThe External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA
Mendes, Joana UL

in European Papers (2017), 2(2), 489-517

The legal status of binding and non-binding international decisions adopted by global regulatory bodies in EU law, their authority (as acknowledged in the case law of the CJEU) and legal effects allow one ... [more ▼]

The legal status of binding and non-binding international decisions adopted by global regulatory bodies in EU law, their authority (as acknowledged in the case law of the CJEU) and legal effects allow one to characterise them as the external administrative layer of EU law-making. Mega-regional agreements, of which the Comprehensive Economic and Trade Agreement (CETA) is an instance, have the potential to expand this tier of aw. This article maps the substantive legal effects of international decisions in EU law as expounded by the CJEU, arguing that the case law the Court developed is transposable to future decisions of CETA bodies. Furthermore, it contrasts their possible substantive impact in EU law with the weaknesses of procedural controls over the exercise of public authority by those bodies. [less ▲]

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